ADA website accessibility lawsuits have surged in New York, exposing businesses across industries to legal and financial risks. For companies with websites, the main question now is: why has New York become the center of this trend?
This trend is driven by a mix of court decisions, supportive legal rules, enforcement incentives, and ongoing compliance gaps. Businesses need to understand these factors to manage the legal risks effectively.
The Legal Foundation: Courts Embrace Website Coverage
The Americans with Disabilities Act was passed in 1990, long before websites became a key part of business. Although the law does not specifically mention digital accessibility, it generally bans discrimination by places open to the public.
Federal courts across the country disagree on whether the ADA covers websites without a physical location. Some courts say Title III of the ADA includes websites as public places, while others limit it to physical businesses. This disagreement has led to confusion in many areas. In contrast, federal courts in New York, especially in the Southern and Eastern Districts, have regularly decided that the ADA covers business websites that offer goods or services to the public. This clear stance has made it easier for plaintiffs to sue a wide range of businesses. As a result, ADA website lawsuits in New York have grown rapidly.
New York's Legal Environment: Multiple Layers of Liability
New York’s legal system is especially supportive of disability rights lawsuits. Courts here have extensive experience with civil rights cases, making it much harder to dismiss ADA claims early than in other places.
New York also gives plaintiffs several ways to bring claims beyond the federal ADA. Courts use ADA standards in Section 504 employment discrimination cases, providing additional federal options. The New York State Human Rights Law follows federal disability rules, while the New York City Human Rights Law is interpreted even more broadly, sometimes offering greater protections. New York law recognizes that the opportunity to use places of public accommodation without discrimination because of disability constitutes a fundamental civil right. This strong policy foundation, combined with the ability to pursue claims under state and city human rights laws that may allow monetary damages, significantly increases settlement pressure on defendants. New York does not require businesses to be notified before an ADA website lawsuit is filed. As a result, many companies learn of alleged violations only when they are sued, missing the chance to address issues early.
Serial Litigation and Standing Requirements
Many ADA website lawsuits in New York are filed by serial plaintiffs who bring dozens or even hundreds of cases. These individuals often use screen readers and look for common problems like missing image descriptions, hard-to-use menus, or poor keyboard access.
Courts have repeatedly held that filing numerous lawsuits does not deprive plaintiffs of standing. As long as they can show real barriers to access, the number of cases they file does not matter. This has allowed serial plaintiffs to keep bringing many lawsuits.
Because New York has so many businesses close together, it is easier for serial plaintiffs to find many potential defendants nearby. This lowers the cost and effort needed to file multiple lawsuits.
Persistent Compliance Misconceptions
Many businesses continue to misunderstand website accessibility rules
Myth:ADA rules only apply to physical location.
Fact:ADA compliance may extend to digital platforms, including websites.
Myth:Using third-party website platforms protect businesses from being sued.
Fact:The business owner is always legally responsible for ensuring website accessibility, regardless of the service or platform used.
Courts have repeatedly rejected arguments about high costs, lack of intent to discriminate, or the use of outside web developers as defenses against noncompliance. This persistent disconnect between legal obligations and business understanding continues to generate new litigation targets. Companies that might otherwise prioritize accessibility often remain unaware of their exposure until litigation commences.
Technical Standards and Compliance Expectations
The ADA does not set specific technical rules for website accessibility, but courts often use the Web Content Accessibility Guidelines (WCAG) as the standard. In New York, settlements and court orders almost always require meeting WCAG 2.0 or 2.1 Level AA. This de facto standardization provides clear guidance for compliance efforts but also establishes objective criteria for identifying violations. Businesses that delay remediation often discover that litigation costs far exceed the expense of proactive compliance.
Strategic Defense Considerations
The high volume and repetitive nature of ADA website litigation in New York make defense strategy particularly important. Outcomes depend heavily on counsel's familiarity with repeat plaintiffs, common allegations, and early leverage points. A strong defense means knowing how to challenge standing, fix issues cost-effectively, and handle negotiations in this area. The main goals are to limit legal risk, control costs, and prevent future lawsuits. Bashian & Papantoniou has litigated hundreds of ADA accessibility lawsuits for businesses in New York and nationwide. Our experience with the repeat plaintiffs, common allegations, and early leverage points enables us to develop targeted defense strategies focused on practical outcomes.
Future Outlook: Continued Growth Expected
ADA website lawsuits in New York are not slowing down. Congress has not created technical safe harbors or required advance notice before lawsuits, so there are still strong reasons to file claims. Courts continue to accept these cases, and changing web technology keeps compliance challenging. Website accessibility is an ongoing responsibility, not a one-time task. When businesses update their sites or add new features, they must ensure they remain accessible. Otherwise, they face a constant risk of lawsuits.
Key Takeaways for Business Owners
The high number of ADA website lawsuits in New York is the result of strategic decisions by plaintiffs’ lawyers, not just chance. Clear court rulings, strong civil rights laws, experienced judges, and many noncompliant businesses have made New York a prime location for these cases.
Proactive website accessibility measures cost significantly less than litigation defense and remediation under court supervision. Early legal guidance can substantially affect both litigation outcomes and total expenses. For businesses with websites serving New York customers, accessibility compliance represents essential risk management rather than an optional enhancement. The most effective approach combines technical compliance with legal strategy, ensuring that accessibility efforts meet both WCAG standards and practical litigation defense requirements. In New York's challenging legal environment, preparation and prevention remain far superior to reactive litigation management.
